| People v Johnson |
| 2014 NY Slip Op 07881 [122 AD3d 1338] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vRayshawn Johnson, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Maria Maldonado of counsel),for respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti,A.J.), rendered May 27, 2011. The judgment convicted defendant, upon his plea ofguilty, of attempted robbery in the first degree, criminal possession of a weapon in thethird degree and attempted criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of, inter alia, attempted robbery in the first degree (Penal Law§§ 110.00, 160.15 [3]). We reject defendant's contention that theshowup identification procedures were unduly suggestive. The suppression court foundthat defendant was not in handcuffs at the time of the showup identification procedures,and we see no basis to disturb the court's findings (see generally People vProchilo, 41 NY2d 759, 761 [1977]). In any event, as Supreme Court furtherconcluded, the showup identification procedures were not rendered unduly suggestiveeven if defendant was in handcuffs and in the presence of uniformed police officers (see People v Santiago, 83AD3d 1471, 1471 [2011], lv denied 17 NY3d 800 [2011]; People v Davis, 48 AD3d1120, 1122 [2008], lv denied 10 NY3d 957 [2008]). The showupidentification procedures were conducted in geographic and temporal proximity to thecrime, and the procedures used were not unduly suggestive (see People v Brisco,99 NY2d 596, 597 [2003]; People v Williams, 118 AD3d 1478, 1479 [2014]).Contrary to defendant's further contention, the sentence is not unduly harsh or severe.Present—Smith, J.P., Centra, Fahey, Lindley and Whalen, JJ.